Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (3) TMI 1232 - AT - Income TaxValidity of reopening of assessment - Non-issuance of notice u/s. 148 - case of the assessee is that no notice u/s. 148 was issued, which is a condition precedent for exercising jurisdiction u/s. 147 - HELD THAT:- As evident that recourse to reassessment under section 147 can be taken only after notice u/s. 148. In the absence of any notice u/s. 148, there can be no re-assessment. Here is a case in which there is no evidence of the AO issuing notice u/s. 148 of the Act, which fact has also transpired from the remand report furnished by the AO. Once it is proved that notice u/s.148 was not issued, there cannot be any question of making any reassessment. Reliance of CIT(A) on the provisions of section 292BB is misplaced because the said section only stipulates that participation in the assessment proceedings/reassessment proceedings would be deemed as a proper service of notice. This section does not deal with the issuance of the requisite notice. In the case of CIT vs. Laxman Das Khandelwal [2019 (8) TMI 660 - SUPREME COURT] has held that section 292BB deals with failure of service of notice and not failure to issue notice. Since, admittedly, no notice was issued u/s. 148 in this case, we are satisfied that the entire edifice of reassessment created by the AO is without any bedrock. Appeal of allowed.
|